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DEPARTMENT OF REVENUE v. PEPPERIDGE FARM, INC.

No. 2D02-2087.

847 So.2d 575 (2003)

DEPARTMENT OF REVENUE, Larry Fuchs, in his official capacity as Executive Director of the Department of Revenue, and Joe G. Tedder, in his official representative capacity as the Polk County Tax Collector, representing a defendant class of all County Tax Collectors in the State of Florida, Appellants, v. PEPPERIDGE FARM, INC., for itself and on behalf of a class, Appellee.

District Court of Appeal of Florida, Second District.

June 18, 2003.

Attorney(s) appearing for the Case

Charles J. Crist, Jr., Attorney General, and Jarrell L. Murchison, Nicholas Bykowsky, and R. Lynn Lovejoy, Assistant Attorneys General, Tallahassee, for Appellant Department of Revenue.

John R. Griffin of Hahn, McClurg, Watson, Griffith & Bush, P.A., Lakeland, for Appellant Joe G. Tedder.

Guy M. Burns, Elizabeth J. Daniels, and Jonathan S. Coleman of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Tampa, for Appellee.

KELLY, Judge.

The Department of Revenue and the Polk County Tax Collector appeal from a nonfinal order certifying a class and approving class notice. We affirm.

The appellee, Pepperidge Farm, Inc., filed a class action complaint seeking refunds of ad valorem taxes it and other prospective class members had paid on computer software. Pepperidge Farm alleged that the software was defined by section 192.001(19), Florida Statutes (1997), as intangible personal...

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